Grant Christensen THE EXTRADITION CLAUSE AND INDIAN COUNTRY 97 North Dakota Law Review 355 (2022) I. INTRODUCTION. 355 II. THE ENFORCEABILITY OF THE EXTRADITION CLAUSE. 357 A. Dennison and the Inability of Federal Courts to Enforce the Extradition Clause. 358 B. Branstad and a New Role for Federal Courts Enforcing the Extradition Clause. 360 III. THE EXTRADITION CLAUSE IN INDIAN COUNTRY. 361 A. THE GEOGRAPHIC NATURE OF INDIAN COUNTRY. 362 B.... 2022
Timothy Sandefur THE FEDERALISM PROBLEMS WITH THE INDIAN CHILD WELFARE ACT 26 Texas Review of Law and Politics 429 (Spring, 2022) Author's Note. 430 Introduction. 430 I. What ICWA Does. 431 II. ICWA Exceeds the Commerce Clause. 435 A. The One and Only Commerce Clause. 435 B. The Non-textual Plenary Power. 437 C. Even Under the Treaty Power, ICWA Would Be Unconstitutional. 448 III. ICWA Violates the Anti-commandeering Principle. 453 A. The Anti-commandeering Principle. 453... 2022
Yuri G. Mantilla THE IMPLEMENTATION OF THE RIGHT TO SELF-DETERMINATION OF AYMARA AND QUECHUA INDIGENOUS PEOPLES: AN INTERNATIONAL NORMATIVE RESPONSE TO THE SPANISH CONQUEST OF TAWANTINSUYU 36 Emory International Law Review 287 (2022) Contrary to ethnocentric views of law, this Article proposes an inter-civilizational perspective of international law. This perspective provides an analytical tool to understand the importance of preserving and empowering diverse cultures and peoples. In a globalized world, there is an increasing recognition of the contributions of diverse cultures... 2022
Adam Crepelle THE LAW AND ECONOMICS OF CRIME IN INDIAN COUNTRY 110 Georgetown Law Journal 569 (March, 2022) C1-2Table of Contents Introduction. 569 I. Crime in Indian Country. 576 II. Tribal Sovereignty and Criminal Justice. 579 III. The Economics of Crime. 586 IV. The Law and Economics of Crime in Indian Country. 589 V. Solutions. 601 a. jurisdictional fix. 603 b. more cops. 606 c. improve tribal economies. 609 Conclusion. 611 2022
Lucas Meacham THE MESS THAT HAS BECOME INDIAN GAMING IN OKLAHOMA 46 American Indian Law Review 155 (2022) Since its enactment in 1988, the Indian Gaming Regulatory Act (IGRA) has permitted American Indian tribes to conduct gaming within the United States. In return, tribes have entered into agreements with state governments for the payment of exclusivity fees under various revenue sharing arrangements, which have provided substantial economic support... 2022
Robert G. Natelson THE ORIGINAL UNDERSTANDING OF THE INDIAN COMMERCE CLAUSE: AN UPDATE 23 Federalist Society Review 209 (29-Aug-22) The Congress shall have Power . To regulate Commerce with foreign Nations, and among the several States, and with the Indian tribes. C1-2Table of Contents I. Recent and Pending Litigation. 211 II. Previous Scholarship. 212 III. Goals of this Article. 213 IV. Some Principles of Originalist Analysis. 214 V. The Constitutional Scheme: Separation of... 2022
Dr. Gavin Clarkson THE PROBLEM OF DOUBLE-TAXATION IN INDIAN COUNTRY 69-APR Federal Lawyer 32 (March/April, 2022) Despite the moral rectitude of the tribal position that federal treaty obligations require financial support for services such as tribal healthcare, economic dependency on the federal government is not a viable long-term strategy for tribal nations. If tribal sovereignty is to mean something, at a minimum, it should mean the ability of a tribe to... 2022
Adam Crepelle THE RESERVATION AND THE RULE OF LAW 70 Louisiana Bar Journal 192 (October/November, 2022) The rule of law is vital to social stability and economic development. The Supreme Court's 2020 decision in McGirt v. Oklahoma cast a cloud of uncertainty over which law to follow in eastern Oklahoma--tribal, state or federal. McGirt arose because Oklahoma acted as though the Muscogee Nation's treaty guaranteed reservation had been disestablished... 2022
Samuel Bashfield , Elena Katselli Proukaki THE RULES-BASED ORDER, INTERNATIONAL LAW AND THE BRITISH INDIAN OCEAN TERRITORY: DO AS I SAY, NOT AS I DO 23 German Law Journal 713 (June, 2022) (Received 29 April 2021; accepted 04 August 2021) Perpetuating Britain's controversial administration of the Chagos Archipelago (BIOT--British Indian Ocean Territory) raises questions about the UK's commitment to the rules-based order and international law. This interdisciplinary article examines British administration of the Chagos Archipelago by... 2022
Jace Weaver, Franklin Professor of Religion and Native American Studies, University of Georgia THE STRUGGLE TO PROTECT NATIVE AMERICAN RELIGIOUS FREEDOM, DEFEND THE SACRED: NATIVE AMERICAN RELIGIOUS FREEDOM BEYOND THE FIRST AMENDMENT BY MICHAEL D. MCNALLY. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 400. $99.95 (CLOTH); $26.95 (PAPER); $26.95 37 Journal of Law and Religion 175 (January, 2022) Keywords: sacred sites; integrity; centrality A wag once observed, The trouble with old friends is that there are so few of them left. I have been involved in this profession for over thirty years. The problem with becoming a senior scholar is that there are people that you have known all their careers, and they are now senior scholars... 2022
Ama Lee THE TWO CLASSES OF TRIBES: UNIFYING THE STATE AND FEDERAL TRIBAL RECOGNITION SYSTEMS 54 Columbia Human Rights Law Review 249 (Fall, 2022) This paper seeks to analyze the historical and political outcomes of the federal recognition process within the Bureau of Indian Affairs (BIA) and suggests that the BIA should eliminate the continuous existence requirement from that process. This paper also suggests that the BIA should consider ratifying state tribal recognition through an... 2022
Heather J. Tanana, Elisabeth Paxton Parker THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS 37-FALL Natural Resources & Environment 12 (Fall, 2022) When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... 2022
Sital Kalantry THE UNINTENDED CONSEQUENCES OF TERM LIMITS FOR JUSTICES OF THE U.S. SUPREME COURT: LESSONS FROM A COMPARATIVE STUDY OF THE INDIAN SUPREME COURT 30 Tulane Journal of International and Comparative Law 43 (Winter, 2022) I. Introduction. 44 II. The Case for and Against Term Limits to the United States Supreme Court. 48 A. Term Limits Proposals. 48 B. Critics of Term Limits. 52 1. Term Limits Do Not Solve the Problems Proponents Claim. 52 a. Judicial Independence. 52 b. Democratic Unaccountability. 53 c. Increased Politicization of the Court. 53 d. Justices Serving... 2022
Michael C. Blumm , Lizzy Pennock TRIBAL CONSULTATION: TOWARD MEANINGFUL COLLABORATION WITH THE FEDERAL GOVERNMENT 33 Colorado Environmental Law Journal 1 (Winter, 2022) One of the bedrock principles of federal Indian law is a centuries-old understanding that the tribes, as domestic dependent nations, have a government-to-government relationship with the federal government, which has a trust obligation concerning the tribes, their sovereignty, and their cultural resources. Although this relationship was first... 2022
Adam Crepelle TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES 29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... 2022
Adam Crepelle TRIBAL LAW'S INDIAN LAW PROBLEM: HOW SUPREME COURT JURISPRUDENCE UNDERMINES THE DEVELOPMENT OF TRIBAL LAW AND TRIBAL ECONOMIES 29 Virginia Journal of Social Policy and the Law 93 (Winter 2022) Reservation Indians are the poorest people in the United States; in fact, Indian country is commonly likened to the third world. Houses in Indian country often lack access to water and electricity. Reservation unemployment rates consistently linger at fifty percent. Many believe Indian country is lawless, so significant natural resource endowments... 2022
Robin Kundis Craig TRIBAL WATER RIGHTS AND TRIBAL HEALTH: THE KLAMATH TRIBES AND THE NAVAJO NATION DURING THE COVID-19 PANDEMIC 16 Saint Louis University Journal of Health Law & Policy 35 (2022) Public health measures to combat COVID-19, especially in the first year before vaccines became widely available, required individuals to be able to access fresh water while remaining isolated from most of their fellow human beings. For the approximately 500,000 households in the United States and over two million Americans who lacked access to... 2022
Ann E. Tweedy TRIBES, FIREARM REGULATION, AND THE PUBLIC SQUARE 55 U.C. Davis Law Review 2625 (June, 2022) We stand at a crossroads with the United States Supreme Court seemingly poised, in New York State Rifle & Pistol Association v. Bruen, to expand the right of individualized self-defense first recognized in District of Columbia v. Heller, and shortly thereafter extended to states in McDonald v. City of Chicago. The Court's decision in Heller has... 2022
Rebecca Glenn UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION 25 University of Denver Water Law Review 287 (Spring, 2022) I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... 2022
Vayuna Gupta USING INTERNATIONAL LAW IN DOMESTIC INDIAN COURTS 54 New York University Journal of International Law & Politics 1077 (Summer, 2022) I. Introduction. 1077 II. Judicial Powers under the Indian Constitution. 1078 III. Tracing precedents. 1080 IV. Unanswered Questions and a Way Forward. 1084 V. Conclusion. 1087 2022
Katherine Florey WAITING FOR THE SMOKE TO CLEAR: THE COMPLICATED BEGINNINGS AND PROMISING FUTURE OF TRIBAL CANNABIS 67 South Dakota Law Review 443 (2022) When the Obama administration first extended its hands-off marijuana policy to tribes as well as states, much of Indian Country celebrated, believing that federal tolerance would be an immediate boon for tribes. The reality of tribal cannabis has been rockier. Tribes' initial ventures into cannabis were clouded by state opposition, federal raids,... 2022
Randall S. Abate YOUTH AND INDIGENOUS VOICES IN CLIMATE JUSTICE: LEVERAGING BEST PRACTICES FROM U.S. AND CANADIAN LITIGATION 45 Public Land & Resources Law Review 77 (2022) I. Introduction. 78 II. Evolution of Youth and Indigenous Climate Justice Litigation. 81 A. The United States. 82 B. Canada. 85 III. Recent and Pending Cases in the U.S. and Canada. 86 A. Juliana and Post-Juliana Cases in State Courts. 87 1. Oregon. 89 2. Alaska. 90 3. Montana. 91 B. The New Wave of Canadian Climate Justice Litigation. 93 IV.... 2022
  YSLETA DEL SUR AND ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT--FEDERAL INDIAN LAW--STATUTORY INTERPRETATION--YSLETA DEL SUR PUEBLO v. TEXAS 136 Harvard Law Review 490 (November, 2022) It is hornbook law that standard principles of statutory interpretation do not have their usual force in cases involving Indian law. The Indian canons of construction counsel liberal interpretation of statutes and treaties in favor of Native nations. But no matter what the hornbooks say, the Supreme Court relies on the canons only sporadically... 2022
Neil Fulton "IT IS NOT NECESSARY FOR EAGLES TO BE CROWS.": WINTER COUNTS. DAVID HESKA WANBLI WEIDEN. ECCO, 2020. 325 PP. (ISBN 9780062968944) 66 South Dakota Law Review 200 (2021) In his novel Winter Counts author David Heska Wanbli Weiden takes readers to the heart of modern life in Indian Country. Set on the Rosebud Indian Reservation in south central South Dakota, home of the Sicangu Lakota people, his novel is a compelling crime thriller. But it does more than tell an exciting tale. Through the lives of its characters,... 2021
Monica Krup "RIOT BOOSTING": SOUTH DAKOTA'S INTEGRATION OF ENVIRONMENTAL, INDIGENOUS, AND FIRST AMENDMENT CONCERNS AND THE RHETORIC ON PROTEST 22 Rutgers Race & the Law Review 293 (2021) In early 2019, the South Dakota legislature passed an urgent law that punishes and criminalizes those who participate in riots throughout the state. The law was a clear infringement on First Amendment Freedom of Speech and Freedom of Association rights and was executed as a direct response to the Standing Rock protests occurring in North Dakota... 2021
Maci Burke A CALL TO CONGRESS: A CONSTITUTIONAL INDIAN CHILD WELFARE ACT IS NOT A FLAWLESS INDIAN CHILD WELFARE ACT 39 Minnesota Journal of Law & Inequality 191 (Winter, 2021) In 1978, Congress enacted the Indian Child Welfare Act (ICWA), to regulate the removal and placement of Indian children in foster care, the termination of parental rights, preadoptive placement, and adoptive placement. The ICWA was enacted to address rising concerns over abusive child welfare practices that resulted in the separation of large... 2021
Julie Combs A COHERENT ETHIC OF LAWYERING IN POST-MCGIRT OKLAHOMA 56 Tulsa Law Review 501 (Spring, 2021) I. Introduction. 501 II. Federal Indian Law at the High Court. 503 III. Competent and Diligent Representation of Autochthonous Populations. 505 A. Ethical Representation When Indigenous Activism Is on Trial. 506 B. The Search for a Lawyer of Established Competence in the Field. 508 IV. The Organizational Hierarchy and Group Constituents:... 2021
Dylan R. Hedden-Nicely , Stacy L. Leeds A FAMILIAR CROSSROADS: MCGIRT v. OKLAHOMA AND THE FUTURE OF THE FEDERAL INDIAN LAW CANON 51 New Mexico Law Review 300 (Summer, 2021) Federal Indian law forms part of the bedrock of American jurisprudence. Indeed, critical parts of the pre-civil war constitutional canon were defined in Federal Indian law cases that simultaneously provided legal justification for American westward expansion onto unceded Indian lands. As a result, Federal Indian law makes up an inextricable part of... 2021
Noelia Gravotta A GREAT NATION KEEPING ITS WORD: THE ROLE OF TRIBAL TREATY RIGHTS IN CLIMATE CHANGE LITIGATION 29 New York University Environmental Law Journal 118 (2021) Introduction. 118 I. Trends in Climate Litigation. 122 A. Obstacles to Climate Change Litigation. 124 B. The Potential of Indian Law to Surmount These Litigation Obstacles. 129 II. Indian Treaty Rights. 133 A. Background on Indian Treaties and Resource Rights. 133 B. The Impact of Climate Change on Treaty Resource Rights. 140 III. Suits Against... 2021
Sara L. Ochs A NATIONAL TRUTH COMMISSION FOR NATIVE AMERICANS 36 Wisconsin Journal of Law, Gender & Society 1 (Spring, 2021) Native Americans have endured centuries of genocide. What began as a systemic attempt by European colonialists to decimate the indigenous population subsequently evolved into more subtle, devastating acts intended to destroy indigenous culture. Today, Native Americans remain the subject of ongoing discrimination and human rights abuses, especially... 2021
Jacob Moeller A TRIBE DIVIDED: THE THREAT OF THE LOSS OF TRIBAL AUTONOMY AND CULTURE FACING TRANSNATIONAL TRIBES ON THE NORTHERN AND SOUTHERN BORDERS OF THE UNITED STATES 54 Vanderbilt Journal of Transnational Law 1257 (November, 2021) Indigenous peoples in the northern and southwestern regions of the United States face challenges to the preservation of their cultures, economies, governments, and family relations as a result of the international borders that have bisected their traditional lands. While there is a history of treatymaking and governmental policy attempting to... 2021
Theresa Rocha Beardall, J.D., Ph.D. , Frank Edwards, Ph.D. ABOLITION, SETTLER COLONIALISM, AND THE PERSISTENT THREAT OF INDIAN CHILD WELFARE 11 Columbia Journal of Race and Law 533 (July, 2021) Family separation is a defining feature of the U.S. government's policy to forcibly assimilate and dismantle American Indian and Alaska Native (AIAN) tribal nations. The historical record catalogues the violence of this separation in several ways, including the mass displacement of Native children into boarding schools throughout the 19th century... 2021
Jennifer Pierce-Weeks , Chief Executive Officer, International Association of Forensic Nurses ADDRESSING SEXUAL ABUSE, ASSAULT, AND TRAFFICKING AS CO-MORBIDITIES IN MISSING OR MURDERED INDIGENOUS POPULATIONS 69 Department of Justice Journal of Federal Law and Practice 129 (January, 2021) Lifetime prevalence of sexual violence in the United States, which includes sexual abuse, assault, and trafficking, ranges from 19-44% in women and 1-23% in men, making it a substantial health concern. Sexual violence prevalence rates are largely underestimates and frequently do not differentiate sex trafficking from other forms of sexual violence.... 2021
Noelani Nasser AMERICAN IMPERIALISM IN HAWAI'I: HOW THE UNITED STATES ILLEGALLY USURPED A SOVEREIGN NATION AND GOT AWAY WITH IT 48 Hastings Constitutional Law Quarterly 319 (Winter, 2021) In 1778, England's Captain Cook first landed on the Hawaiian Islands. Since then, the Native Hawaiians have struggled to maintain their indigenous identity as distinct from the outside world and indigenous to Hawai'i. In the one thousand years preceding this early invasion, Native Hawaiians established unique political structures and cultural... 2021
Delight E. Satter , Laura M. Mercer Kollar , Public Health Writing Group on Missing or Murdered Indigenous Persons, Debra O'Gara ‘Djik Sook’ , Senior Health Scientist, Centers for Disease Control and Prevention, Behavioral Scientist, Centers for Disease C AMERICAN INDIAN AND ALASKA NATIVE KNOWLEDGE AND PUBLIC HEALTH FOR THE PRIMARY PREVENTION OF MISSING OR MURDERED INDIGENOUS PERSONS 69 Department of Justice Journal of Federal Law and Practice 149 (March, 2021) Violence against American Indian and Alaska Native (AIAN) women, children, two-spirit individuals, men, and elders is a serious public health issue. Violence may result in death (homicide), and exposure to violence has lasting effects on the physical and mental health of individuals, including depression and anxiety, substance abuse, chronic and... 2021
Vasuki Nesiah AN UN-AMERICAN STORY OF THE AMERICAN EMPIRE: SMALL PLACES, FROM THE MISSISSIPPI TO THE INDIAN OCEAN 67 UCLA Law Review 1450 (April, 2021) This intervention gestures to histories of American empire from a perspective born outside America's shores--in other words and other worlds, an un-American story of American empire. Seen from elsewhere, American empire appears both intimate and distant, at once singular and multiple, a vast terrain and a small place. For instance, how can we... 2021
Rachel Sieder ANTHROPOLOGICAL CONTRIBUTIONS TO INTERNATIONAL LEGAL APPROACHES TO VIOLENCE AGAINST INDIGENOUS WOMEN 115 AJIL Unbound 272 (2021) Since the early 1990s, the law and development paradigm of violence against women (VAW) has framed gender-based violence against girls and women, especially intimate partner violence, as a grave violation of women's fundamental human rights and a major public health problem demanding concerted state action. Although women of all ages, social... 2021
Carly Minsky AROUND THE WORLD: RECENT CHANGES TO INDIGENOUS CHILD WELFARE IN CANADA 41 Children's Legal Rights Journal 79 (2021) Like the United States, Canada has a long and checkered history with Indigenous peoples. Much of this history between the Indigenous peoples and the Canadian government centered around the government's attempt to civilize the Indigenous peoples according to European standards. One way in which both nations sought to decimate tribes of Indigenous... 2021
Addie C. Rolnick ASSIMILATION, REMOVAL, DISCIPLINE, AND CONFINEMENT: NATIVE GIRLS AND GOVERNMENT INTERVENTION 11 Columbia Journal of Race and Law 811 (July, 2021) A full understanding of the roots of child separation must begin with Native children. This Article demonstrates how modern child welfare, delinquency, and education systems are rooted in the social control of indigenous children. It examines the experiences of Native girls in federal and state systems from the late 1800s to the mid-1900s to show... 2021
Russell Fowler BENITO JUÁREZ, PRO BONO LAWYER 57-AUG Tennessee Bar Journal 45 (July/August, 2021) The law has always been my sword and my shield. --Benito Juárez It was 1835. In the remote Mexican village of Loxicha, a group of poor, illiterate Zapotec Indians were mistreated by their local priest. He took what little money they had and forced them to work for less than the law allowed. The frightened band finally summoned the courage to make... 2021
Glennas'ba Augborne Arents , April E. Olson BENT, BUT NOT BROKEN 57-AUG Arizona Attorney 62 (July/August, 2021) There is a term for a judicial decision that does nothing more than opine on what the law should be: an advisory opinion. That is what the roughly 300 pages you just read amount to. --Judge James Dennis, Brackeen v. Haaland On April 6, 2021, after waiting 14 months to learn whether the Indian Child Welfare Act (ICWA) would survive, the United... 2021
Monte Mills, Martin Nie BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS 44 Public Land & Resources Law Review 49 (2021) Introduction. 52 Executive 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... 2021
Monte Mills, Martin Nie BRIDGES TO A NEW ERA: A REPORT ON THE PAST, PRESENT, AND POTENTIAL FUTURE OF TRIBAL CO-MANAGEMENT ON FEDERAL PUBLIC LANDS 44 Public Land & Resources Law Review 49 (2021) Introduction. 52 Executive Summary. 54 A. Tribal Co-Management. 55 B. Bridges to Tribal Co-Management. 57 C. Tribal Consultation. 57 D. Contracting and Compacting. 58 E. The National Historic Preservation Act and Native American Traditional Cultural Properties, Districts and Landscapes. 59 F. Federal Public Lands Planning. 59 G. Bridges to a New... 2021
Toby S. Goldbach BUILDING THE ABORIGINAL CONFERENCE SETTLEMENT SUITE: HOPE AND REALISM IN LAW AS A TOOL FOR SOCIAL CHANGE 46 Law and Social Inquiry 116 (February, 2021) In 2014, the provincial government unveiled a new courthouse in Thunder Bay, Ontario, featuring a conference area designed to emulate an Anishinaabe roundhouse. The Aboriginal Conference Settlement Suite epitomizes efforts to support Indigenous justice within the criminal justice system. However, despite similar efforts in the past, the... 2021
Dawn M. Hunter , Betsy Lawton CENTERING RACIAL EQUITY: DISPARITIES TASK FORCES AS A STRATEGY TO ENSURE AN EQUITABLE PANDEMIC RESPONSE 14 Saint Louis University Journal of Health Law & Policy 251 (2021) COVID-19 has had a stark and severe impact on health, economic stability, housing, and education in communities of color in the United States. As the pandemic has unfolded, the disproportionate number of cases, hospitalizations, and deaths due to COVID-19 among Black, Hispanic and Latinx, and Indigenous people has served as a stark reminder that... 2021
  CHAPTER 21 INDIGENOUS COMMUNITIES AND ADOPTION 86 IUS Gentium 895 (2021) The following working definition of indigenous communities, peoples and nations has been suggested by Martinez Cobo: Indigenous communities, peoples and nations are those which having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the... 2021
Emily S. Taylor Poppe CHOICE BUILDING 63 Arizona Law Review 103 (Spring, 2021) Default rules, which apply only if parties opt not to bypass them, are a common and consequential phenomenon in law. These rules fill gaps, serve as the backdrop against which parties make alternative arrangements, and formalize majoritarian social preferences. Through these roles, default rules affect the behavior and outcomes not only of those... 2021
Sara K. Rankin CIVILLY CRIMINALIZING HOMELESSNESS 56 Harvard Civil Rights-Civil Liberties Law Review 367 (Summer, 2021) The criminalization of homelessness refers to the enactment and enforcement of laws and policies that punish unsheltered people for surviving in public space, even when those individuals have no reasonable alternative. The constitutional and civil rights issues stemming from criminally charging unsheltered people for public survival are clear,... 2021
Erin Marie Martin CLAIMING INDEPENDENCE FROM THE UNITED STATES: THE IDEAL SOLUTION TO MAXIMIZE NATIVE AMERICAN TRIBAL SOVEREIGNTY 16 Liberty University Law Review 63 (Fall, 2021) Sovereignty is vital for every nation. Essentially, sovereignty is ultimate political power that enables a nation to self-govern and self-determine. While Native American tribes were sovereign for a period of time, they slowly began to lose their sovereignty when European settlors arrived in North America. Moreover, when the United States became a... 2021
Lucas Lixinski , Stephen Young CREATIVE DIFFERENCES: INDIGENOUS ARTISTS AND THE LAW AT 20 CENTURY NATION-BUILDING EXHIBITIONS 45 Hastings International and Comparative Law Review 3 (Winter 2021) Indigenous peoples in major common law jurisdictions (Australia, Canada, New Zealand, and the United States) have had a fraught relationship with the state's legal system. However, while denying Indigenous individuals and peoples the same rights as white settlers, each of these states used Indigenous art to create a distinctive national-state... 2021
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